Trilogy Management Ltd v Harcus Sinclair [2016] EWHC 170 (Ch)

WTLR Issue: Summer 2017 #168

This was an application by the defendant firm of solicitors (D) for the particulars of claim and reply to be struck out on the ground that they disclose no answer to the limitation defence or summary judgment dismissing the entirety of the claim on the basis that the claimant (C) has no real prospect of success because the claim is statute barred...

Akers v Samba [2017] UKSC 6

WTLR Issue: Summer 2017 #168

Mr Al-Sanea was the legal owner of shares in five Saudi Arabian banks, including Samba Financial Group (appellant). As a result of six transactions between 2002 and 2008 Mr Al-Sanea agreed to hold the relevant shares in trust for Saad Investments Co Ltd (SICL), a company subject to the laws of the Cayman Islands...

Twin Benefits v Meek [2017] EWHC 177 (Ch)

WTLR Issue: Summer 2017 #168

This was an application by the claimant for an order for disclosure against a non-party under CPR r.31.17. The underlying action concerned a claim by the assignee of rights from the twin minor children of the first defendant (‘the twins’) concerning a compromise of earlier proceedings (‘the compromise’)...

Akita Holdings v Turks and Caicos Islands [2017] UKPC 7

WTLR Issue: Summer 2017 #168

Mr H was a ‘belonger’ (a citizen of the Turks and Caicos Islands) and appointed as a government minister in 2003, remaining in government until 2008. There was a policy entitling a belonger to apply for a conditional purchase lease over Crown Land subject to certain conditions which, if met, entitled the belonger to purchase the freehold title at a discounted rate, in this case of 50% of the open market value...

Watt v ABC [2016] EWHC 2532 (COP)

WTLR Issue: Summer 2017 #168

ABC was awarded £1.5m in settlement of personal injury proceedings in the QBD. ABC executed a revocable personal injury settlement in January 2015 to receive interim payments of damages and to preserve his entitlement to state funded care. In June 2015 the applicant was appointed by the Court of Protection to be ABC’s deputy, on the basis that he lacked capacity to manage his property and affairs...

Armstrong v Onyearu [2017] EWCA Civ 268

WTLR Issue: Summer 2017 #168

Mr and Mrs Onyearu were a married couple. Mr Onyearu was declared bankrupt in 2011 and Mr Armstrong was his trustee in bankruptcy. The question before the Court was whether Mrs Onyearu could rely upon the equity of exoneration in order to take a charge over her husband’s share of the matrimonial home...

Bathurst v Bathurst [2016] EWHC 3033 (Ch)

WTLR Issue: Summer 2017 #168

This was an application under the Variation of Trusts Act 1958 to change a provision relating to the appointment of new trustees of a settlement. Following the death of the settlor, the statutory power under s36 Trustee Act 1925 applies. The variation proposed was that for the future, the principal beneficiary for the time being should have the power to appoint need trustees, with the written consent of the trustees for the time being...

British Red Cross v Werry [2017] EWHC 875 (Ch)

WTLR Issue: Summer 2017 #168

Patricia Deeley (Miss Deeley) lived with her unmarried partner, Peter Harding (Mr Harding) in his flat at 87 Beckenham Lane, Bromley (the property) from 1962 to 2008. When Mr Harding died on 11 August 2008, it was believed (incorrectly) that he had not left a will and, therefore, the intestacy rules regulated the succession to his estate...

Cronin v De Hamel [2017] EWHC 454 (Ch)

WTLR Issue: Summer 2017 #168

The Brindle Estate near Chorley belonged to Patience Aspinall, who died in 1985. The Estate passed to her sister Honour Ruth (‘Miss Aspinall’) as her executor and sole beneficiary. In the early 1990s, the Brindle Estate was subject to compulsory purchase for the construction of the M65 motorway over the northern part...

Davis v Jackson [2017] EWHC 698 (Ch)

WTLR Issue: Summer 2017 #168

The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage...